70A-3-505 - Evidence of dishonor. - Utah Statutes

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Statutes > Utah > Title-70a > Chapter-03 > 70a-3-505

70A-3-505. Evidence of dishonor.
(1) The following are admissible as evidence and create a presumption of dishonor and ofany notice of dishonor stated:
(a) a document regular in form as provided in Subsection (2) which purports to be aprotest;
(b) a purported stamp or writing of the drawee, payor bank, or presenting bank on oraccompanying the instrument stating that acceptance or payment has been refused, unless reasonsfor the refusal are stated and the reasons are not consistent with dishonor; or
(c) a book or record of the drawee, payor bank, or collecting bank, kept in the usualcourse of business which shows dishonor, even if there is no evidence of who made the entry.
(2) A protest is a certificate of dishonor made by a United States consul or vice consul, anotary public, or other person authorized to administer oaths by the law of the place wheredishonor occurs. It may be made upon information satisfactory to that person. The protest mustidentify the instrument and certify either that presentment has been made or, if not made, thereason why it was not made, and that the instrument has been dishonored by nonacceptance ornonpayment. The protest may also certify that notice of dishonor has been given to some or allparties.

Repealed and Re-enacted by Chapter 237, 1993 General Session

State Codes and Statutes

Statutes > Utah > Title-70a > Chapter-03 > 70a-3-505

70A-3-505. Evidence of dishonor.
(1) The following are admissible as evidence and create a presumption of dishonor and ofany notice of dishonor stated:
(a) a document regular in form as provided in Subsection (2) which purports to be aprotest;
(b) a purported stamp or writing of the drawee, payor bank, or presenting bank on oraccompanying the instrument stating that acceptance or payment has been refused, unless reasonsfor the refusal are stated and the reasons are not consistent with dishonor; or
(c) a book or record of the drawee, payor bank, or collecting bank, kept in the usualcourse of business which shows dishonor, even if there is no evidence of who made the entry.
(2) A protest is a certificate of dishonor made by a United States consul or vice consul, anotary public, or other person authorized to administer oaths by the law of the place wheredishonor occurs. It may be made upon information satisfactory to that person. The protest mustidentify the instrument and certify either that presentment has been made or, if not made, thereason why it was not made, and that the instrument has been dishonored by nonacceptance ornonpayment. The protest may also certify that notice of dishonor has been given to some or allparties.

Repealed and Re-enacted by Chapter 237, 1993 General Session

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State Codes and Statutes

Statutes > Utah > Title-70a > Chapter-03 > 70a-3-505

70A-3-505. Evidence of dishonor.
(1) The following are admissible as evidence and create a presumption of dishonor and ofany notice of dishonor stated:
(a) a document regular in form as provided in Subsection (2) which purports to be aprotest;
(b) a purported stamp or writing of the drawee, payor bank, or presenting bank on oraccompanying the instrument stating that acceptance or payment has been refused, unless reasonsfor the refusal are stated and the reasons are not consistent with dishonor; or
(c) a book or record of the drawee, payor bank, or collecting bank, kept in the usualcourse of business which shows dishonor, even if there is no evidence of who made the entry.
(2) A protest is a certificate of dishonor made by a United States consul or vice consul, anotary public, or other person authorized to administer oaths by the law of the place wheredishonor occurs. It may be made upon information satisfactory to that person. The protest mustidentify the instrument and certify either that presentment has been made or, if not made, thereason why it was not made, and that the instrument has been dishonored by nonacceptance ornonpayment. The protest may also certify that notice of dishonor has been given to some or allparties.

Repealed and Re-enacted by Chapter 237, 1993 General Session